STATE of West Virginia ex rel. CITY OF CHARLES TOWN, Petitioner,
v.
The COUNTY COMMISSION OF JEFFERSON COUNTY, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and
State of West Virginia ex rel. City of Charles Town, Petitioner,
v.
The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and
State of West Virginia ex rel. First Charles Town Group, Inc., a West Virginia Corporation; Charles Town Limited, Partnership VI, a West Virginia Limited Partnership; Harry M. Kable and Carol F. Kable, Husband and Wife; Larry R. Fritts, Sr.; and Richard W. Weese and Maria V. Weese, Husband and Wife, Petitioners,
v.
The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and
State of West Virginia ex rel. New Vision Properties II, Inc., a West Virginia Corporation; Michael C. Goode, Sr., and Sylvia D. Goode Husband and Wife; and John J. Gervasi and Linda S. Gervasi, Husband and Wife, Petitioners,
v.
The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 19, 2007.
Decided October 26, 2007.
Attorney(s) appearing for the Case
Ellen S. Cappellanti, Esquire, William J. Powell, Esquire, Jackson Kelly PLLC, Charleston, WV and James B. Crawford, III, Esquire, Crawford & Keller PLLC, Charles Town, WV, for City of Charles Town.
Peter L. Chakmakian, Esquire, Alice Anne Chakmakian, Esquire, Charles Town, WV, for First Charles Town Group, Inc.; Charles Town Limited Partnership VI; Harry and Carol Kable; Larry Fritts, Sr.; Richard and Maria Weese; New Vision Properties II, Inc.; Michael and Sylvia Goode; and John and Linda Gervasi.
Michael D. Thompson, Esquire, Prosecuting Attorney, Stephanie F. Grove, Esquire, Assistant Prosecuting Attorney, James Casimiro, III, Assistant Prosecuting Attorney, Office of Prosecuting Attorney of Jefferson County, Charles Town, WV, for County Commission of Jefferson County; Frances B. Morgan; Archibald M.S. Morgan, III; C. Dale Manuel; James T. Sutkamp; Gregory A. Corliss; and Jennifer Maghan.
Andrew P. Blake, Esquire, Ranson, WV, for Amicus Curiae, City of Ranson.
Dennis R. Vaughan, Jr., Esquire, Charleston, WV, for Amicus Curiae, West Virginia Municipal League, Inc.
Richard G. Gay, Esquire, Nathan P. Cochran, Esquire, Law Office of Richard Gay, LC, Berkeley Springs, WV, for Amicus Curiae, Contract Purchasers of Lots in the Windmill Crossing Subdivision Owned by New Vision Properties, Inc.
Supreme Court of Appeals of West Virginia.
PER CURIAM.
These four consolidated cases are before this Court upon petitions for a writ of mandamus filed by the City of Charles Town; First Charles Town Group, Inc.; Charles Town Limited Partnership VI; Harry and Carol Kable; Larry Fritts, Sr.; Richard and Maria Weese; New Vision Properties, II, Inc.; Michael and Sylvia Goode; and John and Linda Gervasi (hereinafter collectively referred to as "petitioners") against the County Commission of Jefferson County; its...
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